European Communities (Measuring Instruments) Regulations, 1973

• Jurisdiction: Ireland
• Citation: IR SI 67/1973
• Year: 1973

I, JUSTIN KEATING, Minister for Industry and Commerce, in exercise of the powers conferred, on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations:
	1 Citation	1. These Regulations may be cited as the European Communities (Measuring Instruments) Regulations, 1973.
	2 Application	2. These Regulations apply to the following instruments:
( a ) medium accuracy weights of the following nominal values:
(i) rectangular bar weights of 5, 10, 20 and 50 kg:
(ii) cylindrical weights of 1, 2, 5, 10, 20, 50, 100, 200, 500g and 1, 2, 5 and 10 kg;
( b ) liquid meters, being volumetric meters for liquids other than water in which the liquid causes the movement of mobile walls of measuring chambers and which permit the measurement of any volumes;
( c ) gas volume meters of the following types:
(i) volumetric meters:
—meters with deformable walls,
—meters with rotary pistons:
(ii) non-volumetric meters:
—turbine meters.
	3 Construction	3. The Sale of Gas Act, 1859, as amended, the Gas Regulation Act, 1920 , and the Gas Regulation Act, 1928 (in these Regulations referred to as the Gas Acts) and these Regulations shall be construed as one so far as the Regulations relate to gas volume meters and the Weights and Measures Acts, 1878 to 1961, and these Regulations shall be construed as one so far as the Regulations relate to other instruments.
	4 Inspectors	4. For the purposes of these Regulations—
( a ) every inspector (including a special inspector) under the Gas Acts shall be an inspector so far as the Regulations relate to gas volume meters, and
( b ) every inspector (including an ex-officio inspector) under the Weights and Measures Acts, 1878 to 1961, shall be an inspector so far as these Regulations relate to other instruments.
	5 Initial Verification Marks and Pattern Approval Symbols	5. (1) The EEC initial verification marks referred to in these Regulations are those described in and conforming with Schedule 1, which have been inscribed by the competent authority of a member State.
(2) The EEC pattern approval symbols referred to in these Regulations are those described in and conforming with Schedule 2.
	6 ..	6. (1) Any medium accuracy weight may be used for trade if it bears the final EEC verification mark and the mark has not been cancelled by an inspector under these Regulations.
(2) Any liquid meter or gas volume meter may be used for trade if it bears the EEC pattern approval symbol and the final EEC verification mark and the mark has not been cancelled by an inspector under these Regulations.
	7 ..	7. (1) Where any instrument is submitted to an inspector for EEC initial verification he shall examine the instrument in accordance with Schedule 3 and the special provisions applicable to an instrument of its category under these Regulations.
(2) If the inspector is satisfied after examination that the instrument meets the requirements prescribed he shall affix on the instrument the appropriate EEC initial verification mark.
	8 ..	8. The medium accuracy weights which may receive the EEC initial verification marks are described in Schedule 4. They are exempt from EEC pattern approval.
	9 ..	9. The liquid meters which may receive the EEC initial verification marks are described in Schedule 5. Only meters of a pattern that has received EEC pattern approval may be admitted to EEC initial verification and these meters shall be accepted as satisfying the construction requirements in Schedule 5.
	10 ..	10. The gas volume meters which may receive the EEC initial verification marks are described in Schedule 6. Only meters of a pattern that has received EEC pattern approval may be admitted to EEC initial verification and these meters shall be accepted as satisfying the construction requirements in Schedule 6.
	11 Inspection of Instruments in Service	11. (1) When an inspector inspects instruments in service which bear the EEC marks of initial verification he shall apply the tests and the required level of tolerances where they are prescribed in the Weights and Measures (General) Regulations, 1928 (S.R. & O., No. 71 of 1928), provided that the maximum errors permitted for these instruments on inspection shall bear the same ratio between inspection and initial verification as the ratio for other instruments not covered by the present Regulations.
(2) If the instrument does not satisfy the tests and level of tolerances applicable under this Regulation the inspector shall cancel the EEC initial verification mark.
	12 Offences	12. (1) Any person who forges or counterfeits any stamp used for stamping under these Regulations or wilfully makes an alteration in an instrument so as to affect its accuracy shall on summary conviction be liable to a fine not exceeding œ200 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or both.
(2) Any person who knowingly uses, sells, utters, disposes of or exposes for sale any instrument with such forged or counterfeit stamp or an instrument so altered or an instrument bearing marks or inscriptions liable to be confused with EEC marks or symbols shall on, summary conviction be liable to a fine not exceeding œ100.
	13 Prosecution of Offences	13. An offence under these Regulations may be prosecuted by the Minister for Industry and Commerce or an inspector.
SCHEDULE 1. EEC INITIAL VERIFICATION MARKS(1).
(1)Council Directive No. 71/316/EEC, Annex II, 3.1.1., 3.3, amended by Act of Accession, 22 January, 1972, Annex I.X (Technical Barriers), 12.
1. Description of EEC initial verification marks
1.1. EEC initial verification marks which are affixed shall be as follows:
1.1.1. The final EEC verification mark shall be composed of two stamps:
( a ) the first consists of a letter "e" containing:
—in the upper half, the distinguishing capital letter of the State where the original check is carried out (B for Belgium, DK for Denmark, D for the Federal Republic of Germany, F for France, IR for Ireland, I for Italy, L for Luxembourg, NL for the Netherlands and UK for the United Kingdom) together where necessary, with one or two numbers identifying a territorial or administrative subdivision
—in the lower half, the identification number of the verifying agent or office;
( b ) the second stamp shall consist of the last two digits of the year of the verification, in a hexagon.
1.1.2. The mark of EEC partial verification shall consist solely of the first stamp. It shall also serve as a seal.
2. Affixing the marks
2.1. The final EEC verification mark shall be affixed at the appointed location on the instrument when the latter has been completely verified and is recognised to conform to EEC requirements.
2.2. The partial EEC verification mark shall be affixed:
2.2.1. When verification is made in several stages on the instrument or part of an instrument which fulfils the conditions laid down for operations other than those at the place of installation, at the place where the stamp-date is affixed or in any other place specified in the special provisions.
2.2.2. In all cases as a seal, in the places specified in the separate schedule for that category of instrument.
3. The stamps for use by Inspectors to affix EEC initial verification marks shall be as prescribed by the Minister for Industry and Commerce.
SCHEDULE 2. EEC PATTERN APPROVAL SYMBOLS(1).
1. (i) The EEC pattern approval symbols shall be a stylised letter Σ containing:
—in the upper part, the distinguishing capital letter of the State which granted the approval (B for Belgium, DK for Denmark, D for the Federal Republic of Germany, F for France, IR for Ireland, I for Italy, L for Luxembourg, NL for the Netherlands and UK for the United Kingdom) and the last two digits of the year of approval.
—in the lower part, a designation to be determined by the metrological service which granted approval (an identification number).
(1)Council Directive No. 71/316/EEC, Annex I, 3.1, amended by Act of Accession, 22 January, 1972, Annex I. X (Technical Barriers), 12.
(ii) In the case of EEC limited approval, the letter P, having the same dimensions as the stylised letter Σ shall be placed before this letter.
2. The signs mentioned above must be affixed at a visible point on each instrument and must be legible and indelible.
3. The appropriate symbols of EEC pattern approval may be affixed by the manufacturer or his authorised representative to instruments of a pattern for which an EEC pattern approval certificate has been issued by the competent authority of a member State.
SCHEDULE 3. EEC INITIAL VERIFICATION(1).
General provisions applicable to instruments covered by this Order.
1. General Points
1.1. The EEC initial verification may be carried out in one or more stages (usually two).
1.2. Subject to the special provisions for each category of instrument;
1.2.1. The EEC initial verification shall be carried out in one stage on instruments which constitute a whole on leaving the factory, that is to say instruments which, theoretically, can be transferred to their place of installation without first having to be dismantled.
1.2.2. The EEC initial verification shall be carried out in two or more stages for instruments whose correct functioning depends on the conditions in which they are installed or used.
1.2.3. The first stage of the verification procedure must ensure, in particular, that the instrument conforms to the approved pattern or, in the case of instruments exempt from pattern approval, that they conform to the relevant provisions.
2. Place of the EEC initial verification
2.1. Instruments which have to be verified in two or more stages shall be verified by the metrological service territorially competent.
2.1.1. The last stage of a verification must be carried out at the place of...